Shankar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.8148 of 2015 (2) dt.02-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8148 of 2015 Arising Out of P.S. Case No. -40 Year- 2014 Thana -Bhadaur District- Patna =================================================== Shankar Singh Son of Late Ram Kripal Singh resident of village- Bakawn, P.S. Bhadaur, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Anil Kumar(APP) =================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 342, 323, 325, 307, 504, 506, 380/34 of the Indian Penal Code and later on Section 302 of I.P.C. was added.
The informant namely Dinesh Singh named the petitioner and alleged that they assaulted the informant with Lathi. It is further alleged that petitioner and other accused persons caught Santosh Singh, the son of the informant and dragged him in a lane, thereafter, all the accused persons including the petitioner brutally assaulted the son of the informant with Lathi causing fracture injury on hand and other parts of body. The son of the informant died during
Patna High Court Cr.Misc. No.8148 of 2015 (2) dt.02-03-2015 course of treatment.
Learned counsel for the petitioner submits that petitioner is innocent, there is no specific allegation of assault against the petitioner. During investigation, it has come that some body pelted stone in which deceased got injuries.
On perusal of the records, it appears that there is very specific allegation against the petitioner and other accused persons that they not only dragged Santosh Singh in a lane but also brutally assaulted him with Lathi causing different injury on his body and Santosh Singh died.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
Rajeev/- (Prabhat Kumar Jha, J.) U T